20 U.S.C. § 6824 — Within-State allocations

Page 1452 TITLE 20—EDUCATION § 6824 (A) remain in effect for the duration of the agency’s participation under this subpart; and (B) be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs car- ried out under this subpart. (2) Additional information (A) Amendments If the State educational agency or spe- cially qualified agency amends the plan, the agency shall submit such amendment to the Secretary. (B) Approval The Secretary shall approve such amend- ment to an approved plan, unless the Sec- retary determines that the amendment will result in the agency not meeting the re- quirements, or fulfilling the purposes, of this subpart. (e) Consolidated plan A plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 7842 of this title. (f) Secretary assistance The Secretary shall provide technical assist- ance, if requested by the State, in the develop- ment of English proficiency standards and as- sessments. (Pub. L. 89–10, title III, § 3113, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694; amended Pub. L. 114–95, title III, § 3003(d), Dec. 10, 2015, 129 Stat. 1956.) Editorial Notes PRIOR PROVISIONS A prior section 3113 of Pub. L. 89–10 was classified to section 6813 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 3003(d)(1), sub- stituted ‘‘and in such manner’’ for ‘‘, in such manner, and containing such information’’. Subsec. (b)(1). Pub. L. 114–95, § 3003(d)(2)(A), sub- stituted ‘‘awarding’’ for ‘‘making’’. Subsec. (b)(2) to (8). Pub. L. 114–95, § 3003(d)(2)(B), added pars. (2) to (8) and struck out former pars. (2) to (6) which related to establishing standards and objec- tives for raising the level of English proficiency, assur- ances by the agency, coordination of programs and ac- tivities under this subpart with other programs and ac- tivities, accountability, and flexibility in teaching lim- ited English proficient children, respectively. Subsec. (d). Pub. L. 114–95, § 3003(d)(3), substituted ‘‘this subpart’’ for ‘‘this part’’ wherever appearing. Subsec. (e). Pub. L. 114–95, § 3003(d)(4), made technical amendment to reference in original act which appears in text as reference to section 7842 of this title. Subsec. (f). Pub. L. 114–95, § 3003(d)(5), inserted ‘‘by the State’’ after ‘‘if requested’’ and struck out ‘‘, objectives,’’ after ‘‘proficiency standards’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6824. Within-State allocations (a) In general After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 6821(c)(2) of this title shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 6826 of this title an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State. (b) Limitation A State educational agency shall not award a subgrant from an allocation made under sub- section (a) if the amount of such subgrant would be less than $10,000. (c) Reallocation Whenever a State educational agency deter- mines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose. (d) Required reservation A State educational agency receiving a grant under this subpart for a fiscal year— (1) shall reserve not more than 15 percent of the agency’s allotment under section 6821(c)(2) of this title to award subgrants to eligible en- tities in the State that have experienced a sig- nificant increase, as compared to the average of the 2 preceding fiscal years, in the percent- age or number of immigrant children and youth, who have enrolled, during the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and sec- ondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and (2) in awarding subgrants under paragraph (1)— (A) shall equally consider eligible entities that satisfy the requirement of such para- graph but have limited or no experience in serving immigrant children and youth; and (B) shall consider the quality of each local plan under section 6826 of this title and en- sure that each subgrant is of sufficient size and scope to meet the purposes of this part. (Pub. L. 89–10, title III, § 3114, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1696; amended Pub. L. 114–95, title III, § 3003(e), Dec. 10, 2015, 129 Stat. 1958.) Editorial Notes PRIOR PROVISIONS A prior section 3114 of Pub. L. 89–10 was classified to section 6814 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. Page 1453 TITLE 20—EDUCATION § 6825 AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 3003(e)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘After making the reservation required under subsection (d)(1) of this sec- tion, each State educational agency receiving a grant under section 6821(c)(3) of this title shall award sub- grants for a fiscal year by allocating to each eligible entity in the State having a plan approved under sec- tion 6826 of this title an amount that bears the same re- lationship to the amount received under the grant and remaining after making such reservation as the popu- lation of limited English proficient children in schools served by the eligible entity bears to the population of limited English proficient children in schools served by all eligible entities in the State.’’ Subsec. (d)(1). Pub. L. 114–95, § 3003(e)(2), substituted ‘‘section 6821(c)(2)’’ for ‘‘section 6821(c)(3)’’ and struck out ‘‘preceding the fiscal year’’ before ‘‘for which the subgrant is made’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6825. Subgrants to eligible entities (a) Purposes of subgrants A State educational agency may make a subgrant to an eligible entity from funds re- ceived by the agency under this subpart only if the entity agrees to expend the funds to improve the education of English learners by assisting the children to learn English and meet the chal- lenging State academic standards. In carrying out activities with such funds, the eligible enti- ty shall use effective approaches and methodolo- gies for teaching English learners and immi- grant children and youth for the following pur- poses: (1) Developing and implementing new lan- guage instruction educational programs and academic content instructional programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. (2) Carrying out highly focused, innovative, locally designed activities to expand or en- hance existing language instruction edu- cational programs and academic content in- structional programs for English learners and immigrant children and youth. (3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant pro- grams, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (4) Implementing, within the entire jurisdic- tion of a local educational agency, agencywide programs for restructuring, reforming, and up- grading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immi- grant children and youth. (b) Direct administrative expenses Each eligible entity receiving funds under sec- tion 6824(a) of this title for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. (c) Required subgrantee activities An eligible entity receiving funds under sec- tion 6824(a) of this title shall use the funds— (1) to increase the English language pro- ficiency of English learners by providing effec- tive language instruction educational pro- grams that meet the needs of English learners and demonstrate success in increasing— (A) English language proficiency; and (B) student academic achievement; (2) to provide effective professional develop- ment to classroom teachers (including teach- ers in classroom settings that are not the set- tings of language instruction educational pro- grams), principals and other school leaders, administrators, and other school or commu- nity-based organizational personnel, that is— (A) designed to improve the instruction and assessment of English learners; (B) designed to enhance the ability of such teachers, principals, and other school lead- ers to understand and implement curricula, assessment practices and measures, and in- structional strategies for English learners; (C) effective in increasing children’s English language proficiency or substan- tially increasing the subject matter knowl- edge, teaching knowledge, and teaching skills of such teachers; and (D) of sufficient intensity and duration (which shall not include activities such as 1- day or short-term workshops and con- ferences) to have a positive and lasting im- pact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and (3) to provide and implement other effective activities and strategies that enhance or sup- plement language instruction educational pro- grams for English learners, which— (A) shall include parent, family, and com- munity engagement activities; and (B) may include strategies that serve to coordinate and align related programs. (d) Authorized subgrantee activities Subject to subsection (c), an eligible entity re- ceiving funds under section 6824(a) of this title may use the funds to achieve any of the pur- poses described in subsection (a) by undertaking 1 or more of the following activities: (1) Upgrading program objectives and effec- tive instructional strategies. (2) Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment proce- dures.